State v. Martin

Defendant appeals from a conviction of robbery in the first degree. ORS 164.415. He contends that the trial court erred by (1) instructing the jury to consider whether defendant was guilty of robbery in the second degree only if it first found that the state had failed to prove beyond a reasonable doubt each element of robbery in the first degree; (2) imposing a five-year minimum sentence under ORS 161.610; (3) admitting in evidence certain items seized during a search of defendant’s vehicle; and (4) ordering defendant to make restitution in the absence of findings that he would have the…